Lapid’s 90-Day Suspension Looms : Mikey likely to take over as acting Pampanga governor

CITY OF SAN FERNANDO, Pampanga — Will presidential son Mikey Arroyo, who is likely to win as vice governor of this province, take over as acting governor on June 30?

The camp of Gov. Lito Lapid has been silent on this issue, but the governor is expected to be served his automatic 90-day suspension when the election period ends on June 13, as a result of his arraignment before the Sandiganbayan last March 27 on charges of conspiracy to evade taxes.

"I’ve heard about that. If that is the case, then I would be obliged as vice governor to assume the post of acting governor and pave the way for Mikey to also assume the governor’s post in an acting capacity on June 30," said Vice Gov. Clayton Olalia, who had junked his re-election bid to give way to President Arroyo’s eldest son.

A lawyer, who had acted as prosecutor in one of the cases against Lapid in the Office of the Ombudsman, explained that the arraignment before the San—diganbayan automatically carries a 90-day preventive suspension.

The Omnibus Election Code, however, prohibits suspension of elective local government officials during the election period.

Lolet David, of the Commission on Elections (Comelec) regional office here, said the election period officially ends on June 13. Winning candidates will assume their posts on June 30.

She said Section 261 of the Omnibus Election Code prohibits the suspension of local officials during the election period, and only graft cases are exempted from the suspension ban.

The tax evasion charges were filed with the Sandiganbayan after Ombudsman Aniano Desierto reversed the recommendation of a special prosecutor to exonerate Lapid from the alleged anomalous purchase of a P104-million, 40-hectare piece of land in Barangay Maimpis here in 1997. The property was intended for a low-cost housing project for provincial capitol employees.

The controversy surfaced when a representative of the seller submitted to the Bureau of Internal Revenue a deed of sale stating that the land supposedly cost only P5 million.

In exonerating Lapid, the special prosecutor noted that the seller’s representative later produced the original deed of sale reflecting the P104-million cost, and paid the appropriate capital gains tax of P5.2 million and documentary stamp tax of P1.5 million, five months after the purchase.

In reversing the special pro—secutor’s recommendations, De—sierto ruled that there was "probable cause" in the case of conspiracy to evade taxes against Lapid whom he also found liable for "gross inexcusable negligence."

Mikey declined to comment on the issue, but Olalia said that should he assume a brief role as acting governor, he would merely pave the way for Mikey’s role as acting governor on June 30.

Local observers believe that the decision of President Arroyo to designate Lapid as her personal representative to supporters of deposed President Joseph Estrada in Metro Manila was designed to soften the impact of the go—vernor’s pending suspension.

Lapid has been supportive of Mrs. Arroyo since his rift with Estrada who was apparently irked by the governor’s support for former House Speaker Jose de Venecia in the 1998 presidential elections.